DramaWave Terms of Service

Release Date of this Terms of Service: November 4 , 2024

Effective Date of this Terms of Service: November 4 , 2024

Welcome to use DramaWave (hereafter referred to as "DramaWave, " "we, " "us" or "our") and become a part of our interactive community!

Thank you for downloading our application(s) (“App”) or visiting the related website, or other form or versions derived therefrom (collectively, "Platform") owned or controlled by DramaWave, and any and other associated products, content, services and features we make available to you through the Platform, or via third-party distribution services that are not owned or controlled by us (“Third-Party Services”)(together, the “Service”). We hope you love our product and we welcome any feedback you may have.

By accessing or using our Services, you confirm that you are capable of entering into a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the Platform or using the Service is subject to this Terms of Service, the Privacy Policy and other applicable Additional Terms (as defined in Section 1(a)) we may publish and update in connection with your use of the Service from time to time (together, this "Agreement"). To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact DramaWave via the information in Section 17.

For information that requires your particular notice and that may have a significant impact on your rights and interests, we have highlighted it in bold font to draw your attention.

Material Terms: As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

This Terms of Service informs you of the following information:

  1. General Terms and Conditions
  2. The Service
  3. Registration
  4. Intellectual Property Rights
  5. User Content
  6. Restrictions on Use of the Service
  7. External Sites
  8. Feedback
  9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
  10. Coins
  11. Limitation of Liability and Disclaimer of Warranties
  12. Third Party Disputes
  13. Indemnification
  14. Term and Termination
  15. Consent to Electronic Communications
  16. Miscellaneous
  17. Contact Us
  18. Notice Regarding Apple

1. General Terms and Conditions

(a) Binding Contract. Your use of the Platform, the Content, and the Service, whether directly or via Third-Party Service, is governed by the Agreement, which consists of: (i) this Terms of Service, (ii) our Privacy Policy, which describes how we collect and process personal data about you (including by using the cookie or similar technology) and protect your rights in relation to this information, and (iii) other applicable terms and/or policies that we make available to you from time-to-time in connection with your use of the Service ("Additional Terms"). By accessing or using our Services, you confirm that you are capable of entering into a binding contract with us, that you accept to be bound by the Agreement, and confirm that any information you submit to us is true, accurate and complete at all times.

(b) Changes to this Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates DramaWave provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1(b), no revisions to this Agreement will apply to any dispute between you and DramaWave that arose prior to the effective date of such revision.

(b) Eligibility. The Service is not for persons under the age of 18 or the age of majority in your state, territory or country of residence, or for any Users previously suspended or removed from the Service by DramaWave. If you are under 18 years of age or age of majority, you must not use or access the Service without the consent of your parent or legal guardian. For the Service distributed through application distribution platforms, there may be different restrictions on access to certain services for users under certain ages subject to the youth or rating policies on such distribution platforms.

(c) Jurisdictional Issues. The Service is controlled and operated by DramaWave from its offices in Singapore. Those who choose to access or use the Service are responsible for compliance with the laws of the place where the Service operates and local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.

2. The Service

(a) Description. You may access television shows, movies, videos, text, graphics, photos, or other audio-visual content (collectively, the "DramaWave Content") which is provide by us and third-parties (“Providers”), and enjoy various available on the Service.

(b) Consideration. The different pricing and payment policies may apply to different Services, subject to taxes and other fees, including foreign exchange fees or differences in prices based on location. Users are responsible for all charges incurred under their account.

(1) Free Access. DramaWave provides you with limited access to the Service free of charge.

(2) Subscriptions. To enjoy the full benefits of the Service, including, without limitation, to have the ability to enjoy the privileges such as accessing the premium content, all subject to display in the corresponding pages, you must purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms (i)-(iv) apply:

(i) Free trial. You may be offered a free trial of a subscription for service. In this case, you can cancel your subscription of free trial anytime at least 24 hours prior to the expiration within the App Store or Google Play, or it will automatically renew to a paid subscription upon expiration. If you purchase a paid subscription during the free trial period, the unused portion of free trial will be forfeited.

(ii) Automatically renewable subscriptions. By purchasing a renewable subscription to the Service as applicable, you agree that, once your subscription expires, your subscription will automatically renew for successive weekly, monthly, quarterly or annually periods, as you may select, unless and until you cancel your subscription.

(iii) Recurring charges. You authorize Apple or Google (or either party's service providers), as applicable, to process your payments for any renewal subscription. Subscription prices will be displayed to you at the time of purchase. You will be billed for the same subscription plan at the then-current weekly, monthly, quarterly or annually subscription price plus any applicable taxes. Your payments will be processed for any renewal subscription using the same billing cycle as your current subscription. In other words, if your payment is processed for your current subscription on the 20th of each month, then your payment will continue to be processed on that day for any renewal subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law, we will give you a reasonable notice by posting the new price on the app, and/or sending you an in-app notification or email, if you do not accept the new price or the change thereof, you can cancel the subscription prior the change going into effect. If your subscription plan is no longer available, your renewable subscription will be automatically terminated and you will not be billed afterwards.

(iv) Cancellation. You may cancel your subscription to the Service at any time by selecting the applicable option within the App Store or Google Play, as applicable, at least 24 hours prior to the expiration of the current period. If you want to obtain a refund in connection with any subscription, then you must contact Apple or Google directly for request. Without limiting Section 11, DramaWave will have no liability to you whatsoever for any refunds in connection with subscriptions, except when required by the applicable law.

(3) Purchase. We may offer one-time purchase, rent, pay-per-view, etc. to enable you access and enjoy specific content for a designated period or until the expiry of the Content, the termination of your account or the Service, as the case may be, and subject to the applicable policies thereof.

(4) Ad-supported Content. We may offer ad-supported content that allows you to enjoy free access by viewing advertisements before, during, or alongside that speific instance of the content.

(5) All payment and purchases made through our Service are final and non-refundable, except as required by applicable law.

(6) No Rights to Compensation. In return for enjoying free or payment-based access to the Service, you further acknowledge and agree that DramaWave may generate revenues, increase goodwill or otherwise increase the value of DramaWave from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any Materials and Content made available to you on or through the Service.

(c) Portable Device Services. The Service may be accessible via a mobile phone, tablet or other wireless device (collectively, "Portable Device Services"). Your device carrier's normal messaging, data and other rates and fees will apply to your use of the Portable Device Services. In addition, downloading, installing or using certain Portable Device Services may be prohibited or restricted by your device carrier, and not all Portable Device Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your device carrier to determine if the Portable Device Services are available for your device(s), what restrictions, if any, may be applicable to your use of the Portable Device Services, and how much they will cost you. Nevertheless, all use of the App and the related Portable Device Services must be in accordance with this Agreement.

3. Registration

(a) Log-In Credentials. While you may always browse the public-facing portions of the Service without registering or logging in with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an "Account"). To make it easier to use DramaWave, you may also choose to register and login to DramaWave through your account on a third-party platform (e.g., Facebook, Google, Apple ID). In this way, we will create an Account connected to your third party platform account.

(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify DramaWave immediately via the contact information in Section 17 if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. DramaWave will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying DramaWave of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).

(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as DramaWave requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of DramaWave, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then DramaWave will confirm with you before terminating and deleting your Account connected to this e-mail address. If you provide confirmation, we may terminate your Account immediately without any liability to you or any third party.

4. Intellectual Property Rights

(a) Except for User Content, all material available on or through the Service, including without limitation, any DramaWave Content, Trademarks (as defined below), software and interactive features, design rights, databases and compilation, and other intellectual property rights of DramaWave (collectively, the "Materials") are owned by DramaWave, Providers (only for their Content), or third party owners (only for Third-Party Trademarks). Moreover, DramaWave solely owns all rights, titles, interests, benefits, and any related goodwill with the Service, in each case whether registered or unregistered. You obtain no copyright or other interest in any Materiel on or through the Service, including, but not limited to, those Content that may be accessed by you. Any uses of the Content by you that are not authorized under this Agreement are subject to all rights of the copyright owners of such Content in law and equity.

(b) License. Subject to your complete and ongoing compliance with this Agreement, DramaWave hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and geographically-restricted right and license to access and use the Service and the Content solely for your personal, non-commercial viewing purpose and solely in strict compliance with the provisions of this Agreement. Your use of the Content is strictly limited to use within the Service and as authorized by this Agreement. Any use outside the Service or in violation of this Agreement is unauthorized and may subject you to infringement liability.

(c) Marks. DramaWave trademarks, service marks and logos, trade names, trade dress (the "DramaWave Trademarks") used and displayed on the Service are DramaWave's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks, service marks, trade names, and trade dress owned by third parties (the "Third-Party Trademarks, " and, collectively with DramaWave Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage DramaWave or the applicable third-party, DramaWave's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without DramaWave's prior express written consent. All goodwill generated from the use of any DramaWave Trademark will inure solely to DramaWave's benefit.

(d) Restrictions. DramaWave hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this Agreement or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any DramaWave Content or Trademarks located or displayed therein.

5. User Content

(a) Definition. "User Content" means any content that Users upload, post or transmit (collectively, "Post") to or through the Service including, without limitation, any text, photographs, and audio-visual vide, and excludes any and all DramaWave Content and Materials.

(b) Screening User Content. DramaWave offers Users the ability to submit User Content to or transmit through the Service. DramaWave does not pre-screen any User Content, but reserves the right, with or without notice, to remove, disallow, block or delete any User Content in its sole discretion and at any time. In addition, we have the right - but not the obligation - in our sole discretion and at any time, with or without notice, to remove, disallow, block or delete any User Content (i) that we consider to violate this Agreement, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users or licensors of any DramaWave Content or any governmental authorities, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, DramaWave also has the right - but not the obligation - to take remedial action in connection with any Objectionable Content Posted on the Service. DramaWave does not guarantee the accuracy, integrity, appropriateness, availability, confidentiality, or quality of any User Content, and under no circumstances will DramaWave be liable in any way for any User Content, where permissible under applicable laws and regulations.

(c) Intellectual Property Rights. As a condition of your access to and use of the Service, you agree not to use your User Content to infringe on any intellectual property rights. We reserve the rights, with or without notice, at any time and in our sole discretion, to take down, block access to and/or terminate your User Content and/or your account which infringes or is alleged to infringe any copyrights or other intellectual property right. Subject to any third party rights in any preexisting content included within your User Content, including DramaWave Content, you retain ownership of any rights you may have in your User Content and submitting your User Content to the Service does not transfer ownership of your rights and by submitting User Content to the Service will not eliminate you as the copyright owner.

(d) Licenses to User Content. By Posting User Content on or through the Service, you hereby grant DramaWave an unrestricted, assignable, sublicensable, irrevocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform, transmit, make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, "Use") all or any part of all User Content you Post to or through the Service, including on a through-to-the-audience basis where applicable, by any means and through any media and formats now known or hereafter developed, and for the purposes of (i) advertising, marketing and promoting DramaWave and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this Agreement. You further grant DramaWave a royalty-free license to use your username, image, voice and likeness to identify you as the source of any of your User Content. You must not Post on or through the Service, any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to DramaWave will be considered non-confidential and non-proprietary, and treated as such by DramaWave, and may be used by DramaWave in accordance with this Agreement without notice to you and without any liability to DramaWave.

(e) You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this Agreement; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.

(f) Through-To-The-Audience Rights. All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.

(g) Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.

(h) Objectionable Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) infringing, libelous, obscene, offensive, pornographic, threatening, unlawful, violent, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force; (ii) belonging to another person over which you do not have any right; (iii) infringing any patent, trademark, copyright or other proprietary rights; (iv) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; (v) harming minors in any way, including content that facilitates the exploitation or abuse of children including child sexual abuse materials, promotes predatory behavior towards children, and/or any others that endangers children (“Child Abuse and Exploitation”); (vi) deceiving or misleading the addressee or recipient of such information about the origin of such information; (vii) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; (viii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide); (ix) abusive, bullying, defamatory, harassing, harmful, hateful, vulgar, objectionable, inaccurate, shocking, and other inappropriate content. In each of clauses (i) - (ix) of this paragraph, as DramaWave may determine in its sole and absolute discretion (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Agreement may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm himself or herself or any other person. If you encounter any Objectionable Content on the Service, then please immediately email DramaWave via the information in Section 17 “Contact us” or report us through the functionality offered on the Service. You acknowledge and agree that DramaWave provides you with the ability to report Objectionable Content as a courtesy, and DramaWave has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, DramaWave in its sole discretion may take any actions it deems necessary and/or appropriate against any Objectionable Content and any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing the Objectionable Content and/or all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.

(i) No Liability. For the avoidance of doubt, DramaWave will not be liable for any unauthorized use of User Content by any User.

6. Restrictions on Use of the Service

(a) In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):

(1) violate any applicable federal, state or local laws or regulations or the terms of this Agreement.

(2) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers, computer systems and infrastructure or the technical delivery systems connected or linked to the Service;

(3) alter, deface, mutilate or otherwise bypass any approved software or verification through which the Service is made available;

(4) post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;

(5) use any device, software or routine to interfere or attempt to interfere with or disrupt the Service, any activity conducted on the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;

(6) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;

(7) delete or alter any material and content DramaWave, Users, or any other person or entity Posts or available on the Service without authorization;

(8) frame, mirror, embed, or link to any of the Content, the Materials, or information available on the Service;

(9) use any Trademarks, Content, Materials, User Content, or other content belonging to DramaWave or obtained from the Service in a manner that violates the related license under the Agreement, including making unauthorized copies of any Content made available on or through the Service;

(10) use the Service, without DramaWave's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(11) post any Objectionable Content and/or any User Content in breach of the Community Guideline; or

(12) solicit, or attempt to solicit, personal information from other Users of the Service; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; threaten, harass, menace or intimidate Users;

(13) provide any false personal information to DramaWave; create a false identity or impersonate another person or entity in any way;

(14) create a new account with DramaWave, without DramaWave's express written consent, if DramaWave has previously disabled an account of yours;

(15) restrict, discourage or inhibit any person from using the Service;

(16) use the Service to send emails or other communications to persons who have requested that you not send them communications;

(17) provide any methods, tools, facilitation, and assistance in relation to the foregoing.

(b) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against DramaWave with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DramaWave, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.

7. External Sites

The Service may contain links to or the ability to share information with third party platforms or services, or distribute or make available the Content through the Third-Party Services (together, "External Sites"). We have no control over, and assume no responsibility for the content, privacy policies, or practices of any External Sites. You access and use these External Sites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these External Sites or any association with their operators. By using the Service, you expressly relieve us from any and all liability arising from your use of any Third-Party Service and from any loss or damage of any sort you may incur from dealing with any third-party. Accordingly, We encourage you to be aware when you leave the Service, and to read the terms and conditions of each Third-Party Service you visit.

8. Feedback

While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively, "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to DramaWave, you agree that:

(a) DramaWave has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;

(b) Feedback is provided on a non-confidential basis, and DramaWave is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

(c) You irrevocably grant DramaWave perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

(a) Respect of Third Party Rights. DramaWave respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.

(b) Repeat Infringer Policy. DramaWave's intellectual property policy is to (i) remove or disable access to material that DramaWave believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers”. DramaWave considers a “repeat infringer” to be any User that has uploaded User Content or Feedback to or through the Service and for whom DramaWave has received more than two takedown notices with respect to such User Content or Feedback. DramaWave has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon DramaWave's own determination.

(c) Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please promptly send a report (“Notification of Claimed Infringement”) by clicking the feature of “Report” – “Infringement" in our App if applicable and/or please promptly send such Notification of Claimed Infringement containing the following information to the Designated Agent identified below in subparagraph (e) under this Section 9 by email. Your Notification of Claimed Infringement may be shared by DramaWave with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to DramaWave making such disclosure. Your communication must include substantially the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

(2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

(3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DramaWave to locate the material;

(4) Information reasonably sufficient to permit DramaWave to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(7) You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

(d) Upon receiving notification in the manner prescribed above, DramaWave may disable access to or remove such infringing content.

(e) Designated Agent Contact Information. DramaWave's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted via E-mail as provided in Section 17 “Contact Us”.

(f) Counter Notification. If you receive a notification from DramaWave that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide DramaWave with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to DramaWave's Designated Agent through one of the methods identified in Section 9 (e) and include substantially the following information:

(1) A physical or electronic signature of the subscriber;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(4) The subscriber's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, then for any judicial district in which DramaWave may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9 (c) above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

(g) Recovering of Content Subject to a Counter Notification. If you submit a Counter Notification to DramaWave in response to a Notification of Claimed Infringement, then DramaWave will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that DramaWave will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and DramaWave will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless DramaWave's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on DramaWave's system or network.

(h) False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of DramaWave relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. DramaWave reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

10. Coins

The following terms apply to the extent permitted by laws:

(a) Coins. DramaWave may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual coins or other virtual currency exclusively within the Service (“Coins”). Coins can only be used in connection with the Service as permitted by DramaWave and you may view your balance of Coins at any time in your personal profile. Once redeemed for consumption, Coins will be deducted from your account balance and cannot be used again. In the event of any dispute, DramaWave shall have the final determination over the calculation of your Coin account balance. DramaWave may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by DramaWave in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that DramaWave has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins and the system hereof as it sees fit in its sole discretion, at any time, and that DramaWave will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in the App or any other terminology used by DramaWave, Coins have no monetary or “real world” value and can only be used with the Service. Coins may not be redeemed or exchanged for “real” currency or any legal tender out of the Service. DramaWave reserves the right to revoke the licenses to them, at any time without notice.

(b) Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Coins. Unless authorized in the Service, DramaWave prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless DramaWave expressly pre-approves the applicable event in writing. Coins is solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of the Agreement and may result in the termination of your ability to access the Service. DramaWave may revise the pricing for Coins, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Coins will automatically terminate without compensation, and you will lose access to applicable Coins permanently. DramaWave also reserves the right to terminate your Account and to remove all your Coins if your Account has been inactive for 365 days. If DramaWave reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins, DramaWave reserves the right to restrict your access to and use of Coins, or the Service. If you violate this Section, then other than the termination rights already mentioned, DramaWave may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that DramaWave incurs in connection with the violation.

You acknowledge that you have no ownership or other property interest in the Coins, and that you will not receive money or other compensation for unused Coins when an Account is closed or terminated, whether the applicable closure was voluntary or involuntary.

11. Limitation of Liability and Disclaimer of Warranties

The following terms in this Section apply to the fullest extent permitted by law:

(a) DramaWave, its affiliates and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the "DramaWave Parties") make no warranties or representations about the Service and any content available on the Service, including, but not limited to, the accuracy, accessibility, availability, reliability, completeness appropriateness, timeliness or reliability thereof. The DramaWave Parties will not be subject to liability for the truth, accuracy or completeness of any content on the Service or any other information conveyed to any User, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a User, you agree that you use the Service and any content thereon at your own risk. You are solely responsible for all content you upload to the Service.

(b) The DramaWave Parties do not warrant that the Service will operate error free, or that the Service and any content thereon are free of computer viruses or similar contamination or destructive features. If your use of the Service or any content thereon results in the need for servicing or replacing equipment or data, no DramaWave party will be responsible for those costs.

(c) The Service and all content thereon are provided on an "as is" and "as available" basis without any warranties of any kind. Accordingly, the DramaWave Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for particular purpose.

(d) In no event will any DramaWave party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such DramaWave Party has been advised of the possibility of such damages. DramaWave's liability, and the liability of any other DramaWave Parties, to you or any third parties in any circumstance is limited to the greater of the fees you have paid us and U. S. $100.

(e) You specifically acknowledge that DramaWave shall not be liable for the Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

12. Third Party Disputes

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other User, is directly between you and such third party, and you irrevocably release the DramaWave Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

13. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the DramaWave Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of DramaWave Content or the Service; or (c) your User Content. DramaWave will provide notice to you of any such claim, suit or proceeding. DramaWave reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if DramaWave believes that you are unwilling or incapable of defending DramaWave's interests. In such case, you agree to cooperate with any reasonable requests assisting DramaWave's defense of such matter at your expense.

14. Term and Termination

(a) Term. As between you and DramaWave, the Term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or DramaWave.

(b) Termination. You may terminate this Agreement by sending written notification to DramaWave via the contact information in Section 17, or close your Account via the available feature on the Platform. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate this Agreement. DramaWave reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party. DramaWave may further terminate this Agreement immediately for any other reason with or without notice to you, via in-app notice or using the email address or other contact details associated with your account credentials. DramaWave reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.

(c) Sections 2(b)(5), 2(b)(6), 4-18 and all defined terms used therein will survive the termination of this Agreement indefinitely.

15. Governing Law and Dispute Resolution

(a) This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions.

(b) Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.

(c) Where permitted under applicable law, you and us agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purposed class or representative proceeding, you and DramaWave are each waiving the right to a trial by jury or to participate in a class action. Further when permitted under applicable law, unless both you and us agree otherwise, the court may not consolidate more than one person's claim with your claims, and may not otherwise preside over any form of a representative or class proceeding.

16. Miscellaneous

(a) Except as expressly agreed by DramaWave and you, this Agreement constitutes the entire agreement between you and DramaWave with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.

(b) You agree that no joint venture, partnership, employment or agency relationship exists between you and DramaWave as a result of this Agreement or use of the Service.

(c) You further acknowledge that by Posting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and DramaWave other than pursuant to this Agreement.

(d) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.

(e) Failure of DramaWave to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against DramaWave unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.

(f) You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of DramaWave. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting any the App from your device prior to such disposition. DramaWave may assign this Agreement, including all its rights hereunder, without restriction.

(g) The headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns.

(h) If DramaWave provides a translation of this Agreement in a language rather than English, the translation is provided solely for convenience, and the English version will prevail.

(i) Consent to Electronic Communications. By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

17. Contact Us

If you would like to contact us in connection with your use of the Service, or you want to report any content regarding Child Abuse and Exploitation, among other Objectionable Content, found in the Service, then please refer to the contact information below by email:

Email: dramawavesupport@mydramawave.com

18. Notice Regarding Apple

You acknowledge that this Agreement is between you and DramaWave only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.